The Watershed Treatment Programs, Inc.
Last Updated: 06/19/2019
I. INFORMATION COLLECTED VIA THIS WEBSITE:
A. Personally Identifiable Information:
Our Website only collects personally identifiable information (“PII”) with your consent. Collection of PII occurs if you submit PII information via our Website, subscribe to newsletters, or interact/use other features and resources on our Website. You may visit our Website anonymously, but that may prevent you from engaging in certain Website features or Services. The PII we collect via this website may include the following:
• First-Last Name
• Contact Numbers
• Email Address
• Insurance Information
B. Non-Personally Identifiable Information:
Our Website and Service Providers may collect non-personally identifiable (anonymous) information (“Non-PII”) from visitors. Non-PII cannot identify a specific individual unless combined with Personally Identifiable Information. Examples of Non-PII that may be collected by the Website or required to provide the Services, including:
- II. HOW WE USE YOUR INFORMATION:
Our Website may include pages or forms that give you the opportunity to provide us with personally identifiable information (“PII”) about yourself. Information submitted via our Website pages or forms are encrypted using the SSL (Secure Socket Layer) protocol.
A. Visitors who Submit/Request information via our Website:
Visitors who submit (PII) information our Website consent to be contacted by The Watershed Treatment Programs, Inc.
B. Email Communications:
If you sign up for our newsletters, you may receive email communications from us. We may send you email, contact you, or engage you in other communication mediums that relates to your use of the Website and Services. If, at any time, you do not wish to receive email communications about the Website or our newsletters, Please send an e-mail to firstname.lastname@example.org from the e-mail address you would like to unsubscribe from. If you opt out or unsubscribe, we may, in compliance with the United States CAN SPAM Act of 2003, run our suppression list (addresses not to be emailed) against another list of names for a The Watershed mailing or provide our suppression list to a third party for such verification. When you opt-out or unsubscribe, you are doing so from our marketing messages. The Watershed may continue to send you transactional messages relevant to our business relationship. Transactional messages include information on our services, Service Agreement and subscription expirations and renewals, responses to inquiries, surveys and other information related to the service that you requested.
C. Text Message (SMS) Communications:
We have developed a mobile alert and messaging service that may allow you to receive confirmation or and other communications we may send. In addition to the mobile alert services (SMS) , you may also receive additional notifications from us. By providing a mobile number that allows you to receive text message or short message reminders and information, you are opting to participate in our mobile alert and messaging service and you agree to be bound by the following terms and conditions related to our SMS text notification services.
As a user of this text message service you acknowledge that text messages are distributed via third-party mobile network providers and therefore we are unable to control all functions related to the delivery of text messages. You acknowledge that it may not be possible to transmit all text messages successfully. While we do not charge you for these services, message and data rates may apply from your mobile carrier.
To stop receiving text messages, text STOP to a text message you receive. You consent to receive one last message from us confirming your inactivation. If you stop using your mobile phone number you must alert us immediately to unsubscribe from the service.
Information contained within the contents of the text messages do not constitute advice and you should not rely on upon the text messages in making any health related decision.
III. HOW TO CONTROL COLLECTION OF YOUR PII ONLINE:
We may engage with you on third party social media sites like Facebook, if you engage with us. By doing so, you “opt in” to sharing your content with us. Be aware that such content (PII, images, captions, and comments, etc.) that you submit (upload, post, comment, share, “like”, etc.) to third party social media sites (including any of our message boards or tweets) is publicly visible, not private and cannot be considered private PII. To manage social media notifications you receive, correct or delete your PII, or adjust your privacy settings, access the profile section of your social media accounts and follow the directions there.
IV. HOW WE RETAIN AND PROTECT YOUR PROTECTED HEALTH INFORMATION:
The Watershed is committed to protecting your privacy. Your privacy is important to us. We are committed to protecting Personal Health Information (PHI) and are dedicated to complying with regulatory requirements to ensure the confidentiality and protection of your PHI.
• Confidentiality of Substance Use Disorder Records
The confidentiality of substance use disorder patient records maintained by us is protected by Federal law and regulations. We are not permitted to disclose to a person outside the treatment facility that you are a patient of our treatment facility, or disclose any information identifying you as someone with a substance use disorder unless: 1) You provide us with a written consent (see “Authorization to Use or Disclose PHI”); 2) A court of law enters an order permitting the disclosure (see “Uses and Disclosures”); or 3) Disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation (see “Uses and Disclosures”).There are certain disclosures that are not protected by Federal law and regulations, such as any information about: a crime committed by you either at our treatment facility or against any person who works for our treatment facility or about a threat to commit such a crime; or suspected child abuse or neglect that is to be reported under state law to appropriate state or local authorities (see “Uses and Disclosures”). See 42 U.S.C. 290dd-3 and 42 U.S.C. 290ee-3 for Federal laws and 42 CFR part 2 for Federal regulations.
A. Uses and Disclosures
Uses and disclosures of your PHI may be required, permitted, or authorized. Your PHI may be used and disclosed in the following ways:
• Among our Treatment Facility and its Staff Members. We may use or disclose information between or among staff members having a need for the information related to the provision of diagnosis, treatment, or referral for treatment of substance use disorders. Our staff members, including doctors, nurses, and clinicians, will use your PHI to provide your treatment services; in connection with billing matters; to verify eligibility for insurance coverage and submit claims to your insurance company; to perform functions associated with our business activities, including accreditation and licensing.
• Audit and Evaluation Activities. We may disclose your information for certain audit and evaluation activities, provided the auditing or evaluating entity and individual agrees to certain restrictions on disclosure of information as required by law.
• Business Associates. We may disclose your PHI to Business Associates contracted by us to perform services on our behalf which may involve the use or disclose of your PHI. All of our Business Associates must agree to: (i) Protect the privacy of your PHI; (ii) Use and disclose the information only for the purposes for which the Business Associate was engaged; (iii) Be bound by the HIPAA Privacy Rule and 42 CFR part 2; and (iv) if necessary, resist in judicial proceedings any efforts to obtain access to patient records except as permitted by law.
• Court Order. We may disclose information required by a court order, provided certain regulatory requirements are met.
• Crimes on Premises. We may disclose to law enforcement officers information that is directly related to the commission of a crime on the premises or against our staff members or a threat to commit such a crime; or certain information requested in connection with a criminal investigation.
• Emergency Situations. We may disclose information to medical personnel for the purpose of treating you in an emergency.
• Reporting of Death. We may disclose your information related to cause of death to a public health authority that is authorized to receive such information.
• Reports of Suspected Child Abuse and Neglect. We may disclose information required to report under state law incidents of suspected child abuse and neglect to the appropriate state or local authorities. However, we may not disclose original patient records, including for civil or criminal proceedings which may arise out of the report of suspected child abuse and neglect, without consent.
• Research. We may use and disclose your information for research if certain requirements are met, such as approval by an Institutional Review Board.
• Secretary of Health and Human Services. We are required to disclose PHI to the Secretary of the U.S. Department of Health and Human Services when the Secretary is investigating or determining compliance with HIPAA Privacy Rules and/or 42 CFR part 2.
• Authorization to Use or Disclose PHI – Other than as stated above, our treatment facility will not use or disclose your PHI other than with your written authorization and consent to do so. With limited permitted exceptions, we will not use or disclose psychotherapy notes, use or disclose your PHI for marketing purposes, or sell your PHI unless you have signed an authorization. If you or your legal guardian/authorized representative give consent for us to use or disclose your PHI, you or your legal guardian/authorized representative may revoke that authorization in writing at any time to cease future uses or disclosures. We will honor oral revocations upon authenticating your identity until a written revocation is obtained. Your revocation will not affect any use or disclosures permitted by your authorization while it was in effect.
B. Patient/Client Rights
The following are the rights that you have and how to exercise those rights regarding PHI that we maintain about you. It is important that you have access to your PHI when you need it and that you clearly understand your rights as described below.
• Right to Notice – You have the right to adequate notice of the uses and disclosures of your PHI, and our duties and responsibilities regarding same, as provided for herein. You have the right to request both a paper and electronic copy of this Notice. You may ask us to provide a copy of this Notice at any time. You may obtain this Notice on our website at www.thewatershed.com or from facility staff should you become a patient.
• Right of Access to Inspect and Copy – You have the right to access, inspect and obtain a copy of your PHI for as long as we maintain it as required by law, subject to restrictions in certain limited circumstances as provided by applicable law. All requests for access to your PHI must be made in writing and may be denied only under a limited set of circumstances, as provided by law, which will be communicated to you in writing. A denial of access to PHI may be reviewed upon request, by a licensed health care professional other than the person who denied your initial request. We will comply with the determination made by such designated professional. If you are denied access, you may have the denial reviewed by a licensed third-party healthcare professional that is not affiliated with our treatment facility. We will comply with the determination made by such designated professional. We may charge a reasonable, cost-based fee for the copying and mailing of your request.
• Right to Amend – If you believe that your PHI maintained by our treatment facility is incorrect or incomplete, you may request, in writing, that we amend your PHI, including the basis for the requested amendment. Your request may be denied, including, if the PHI was not created by our treatment facility; is excluded from access and inspection under applicable law; or is determined to be accurate and complete. If your request is so denied, we will provide you with the rationale, in writing, for the denial. You may submit to us a statement of disagreement, which will be maintained as part of your PHI and included with any disclosure. If we accept the amendment we will assist you in identifying other healthcare providers that may require notification and provide the notification to them.
• Right to Request an Accounting of Disclosures – We are required to create and maintain an accounting (list) of certain disclosures we make of your PHI, other than disclosures made pursuant to a consent signed by you or your legal guardian/authorized representative. You may request a copy of such an accounting, in writing, for up to the preceding six years. If you request this accounting more than once in a 12-month period, you may be charged a reasonable, cost-based fee.
• Right to Request Restrictions -You have the right to request, in writing, restrictions or limitations on our use and disclose of your PHI for treatment, payment, and healthcare operations. We are not required to comply with your request for restrictions for treatment, payment, and operations except in the limited circumstances set forth below: If we do agree to the restriction, we will comply with restriction going forward, unless you take affirmative steps to revoke it or we believe, in our professional judgment, that an emergency warrants circumventing the restriction in order to provide the appropriate care or unless the use or disclosure is otherwise permitted by law. In rare circumstances, we reserve the right to terminate a restriction that we have previously agreed to, but only after providing you notice of termination.
• Self-Payments/Out-of-Pocket – If your health plan did not pay or reimburse for a specific healthcare services, you may request, in writing, that your PHI with respect to that service not be disclosed to a health plan for purposes of payment or healthcare operations. We are required to comply with that request unless affirmatively terminated by you in writing or unless otherwise permitted not to comply by law.
• Right to Confidential Communications – You have the right to request, in writing that we communicate with you about your PHI and health matters by specified alternative means or locations. We will accommodate reasonable requests pursuant to our responsibility to ensure that your PHI is protected.
• Right to Notification of a Breach – You have the right to be notified in the event that we (or one of our Business Associates) discover a breach involving your PHI.
• Right to Voice Concerns – You have the right to file a complaint in writing with us or with the U.S. Department of Health and Human Services (https://www.hhs.gov/hipaa/filing-a-complaint/complaint-process/index.html) if you believe we have violated your privacy rights. Any complaints to us should be made in writing to us or to HHS. We will not retaliate against you for filing a complaint.
The Watershed Treatment Programs, Inc.
200 Congress Park Drive, Suite #212
Delray Beach, Florida 33445